Court mandates segregation and maintenance of burial grounds in Karumandiselli Palayam, ensuring respect and dignity for the deceased.
In a significant ruling aimed at upholding the dignity of the deceased, the Madras High Court, presided over by Justice V. Lakshminarayanan, has directed the proper segregation, fencing, and maintenance of land used as a burial ground in the Thiruvengadam Palayam Village, Erode District. The court was hearing a series of writ petitions concerning the reclassification of land (R.S.No.621/3 and R.S.No.628/8) traditionally used as a burial ground but officially recorded as cart tracks.
The judgment emphasized the constitutional obligation to ensure the dignity of the dead, affirming that Article 21 of the Indian Constitution extends beyond the living to include the deceased. This decision aligns with the Supreme Court's stance in previous rulings, reinforcing that both living and deceased are entitled to dignity.
The court's order followed disturbing reports of graves being leveled and disturbed due to land disputes, highlighting the need for local authorities to protect and maintain burial grounds. The District Collector of Erode was instructed to ensure these areas are properly demarcated and free from encroachments or dumping, while the Karumandiselli Palayam (Special Grade) Town Panchayat was tasked with maintaining the grounds.
In addressing the misuse and encroachment of the burial grounds, the court pointed out that the Tamil Nadu Urban Local Bodies Act, 1998, and the corresponding rules mandate the registration and maintenance of burial grounds. The judgment also touched upon the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, underscoring that denial of access to burial grounds constitutes a criminal offense and a violation of constitutional rights.
The court dismissed two related writ petitions that opposed the reclassification, noting that the land has been used as a burial ground for over 70 years and should be recognized as such in official records. The decision mandates immediate action from local authorities to ensure compliance with the court's directives, upholding the sanctity and respect of burial sites.
Bottom Line:
Use of cart track as burial ground - Reclassification of land as burial ground - Dignity of the dead and responsibilities of local authorities in maintaining burial grounds.
Statutory provision(s): Tamil Nadu Urban Local Bodies Act, 1998, Sections 172 and 280; Tamil Nadu Urban Local Bodies Rules, 2023, Rules 388 and 388A; Article 21 of the Constitution of India; Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989; Article 17 of the Constitution of India; Tamil Nadu Panchayats Act, 1994.
K.S. Balakrishnan v. District Collector, (Madras) : Law Finder Doc id # 2856025
